EFH v Children’s Guardian [2020] NSWCATAD 256

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EFH v Children's Guardian [2020] NSWCATAD 256 Hearing dates: 8 July 2020, 9 September 2020 Date of orders: 21 October 2020 Decision date: 21 October 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member F Given, General Member Decision: The decision of the Children's Guardian is affirmed. Catchwords: ADMINISTRATIVE LAW – Child Protection – Working with children check clearance – Where respondent refused application for clearance – Where applicant found not guilty of indecent assault of a child – Whether applicant poses a risk to the safety of children Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Cases Cited: CMD v NSW Office of the Children's Guardian [2018] NSWSC 1348 Office of the Children's Guardian v CFW [2016] NSWSC 1406 Reed v R [2006] NSWCCA 314 Texts Cited: None cited Category: Principal judgment Parties: EFH (Applicant) Children's Guardian (Respondent) Representation: Counsel: D Kaiti (Applicant) M Giacomo (Respondent)

Solicitors: Crown Solicitor (Respondent) File Number(s): 2019/00403474 Publication restriction: With the exception of expert witnesses and officers of government agencies, the publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings is prohibited pursuant to section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW).